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(영문) 의정부지방법원 2016.06.29 2015고단4547
사기
Text

Defendant

A shall be punished by a fine of 4,00,000 won and by imprisonment of 4 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B On June 27, 2013, the Busan District Court sentenced imprisonment with labor for fraud at the Busan District Court on July 5, 2013, which became final and conclusive on July 5, 2013.

Defendant

B On February 2, 2011, when purchasing a Ba, the Defendant Company A, who borrowed the name in the name of the Defendant at the time of borrowing the Bara, purchased the vehicle by borrowing the vehicle in the name of the Defendant in order to prepare for the purchase price of the Bara, and proposed that he purchased the vehicle, and then the Defendant A accepted it.

On February 14, 2011, the Defendants filed a false application for a loan with F located in Dobong-gu Seoul Metropolitan Government E, stating that “The Defendant would repay KRW 696,949 for 36 months on the loan of KRW 24 million to an employee in the name of the Korea Social Services Co., Ltd. (SM) Co., Ltd. for the purchase of 5 automobiles by the victim Alcia.”

However, Defendant A did not have the intent or ability to repay the loan due to the absence of a certain occupation, and Defendant B was aware of the above facts, and the Defendants attempted to sell the said car to others even if they purchased the said car.

The Defendants conspired to induce the damaged company as above, and then, the Defendants acquired money from the victimized Company to the receipt account of the purchase price of the said vehicle, which was established in the name of Samsung Motor on the same day.

Summary of Evidence

[Common]

1. The first examination protocol against Defendant A for the prosecution (including the part concerning the statement of Defendant B);

1. Statement of the police statement related to G;

1. A supplementary statement of G criminal complaints;

1. A copy of the installment financing and loan agreement to be made, a copy of the application for subscription, a resident registration list, a ledger of motor vehicle registration, a deposit account register, a receipt of funds, a copy of loan, a statement of account transactions, details of deposit transactions, details of transaction [Defendant A];

1. Defendant A’s legal statement [Defendant B]

1. Defendant B’s legal statement

1. A legal statement of a witness;

1. Part of the prosecution against Defendant B

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